Background
In her legal action against the County Council’s decision to implement a bus gate on Mill Road, Emma Rose, on behalf of ‘Friends of Mill Road Bridge 2’ had applied for ‘interim relief’. If successful this would have halted the implementation of the Mill Road bridge bus gate until their legal action was heard in full.
Yesterday, the judge denied that application. Whilst agreeing that the (low) bar for showing that there was a ‘real issue’ to consider in the case had been reached, he also said that ‘the Claimant’s case is very far from compelling. There seems to be considerable force in the points as to the merits made in the Defendant’s response to the interim relief application’ (see point 5 of the judgment, included in full below).
Our statement
Mill Road 4 People is delighted that Mr Justice Eyre yesterday refused the application for interim relief from ‘Friends of Mill Road Bridge 2’ (FOMRB2). Had it been successful, it would have delayed yet further a measure which has been shown repeatedly to have widespread support.
The judge accepted that FOMRB2’s case met the standard necessary for the case to continue. However, this standard is (rightly) set at a low level; and the judge also stated that
the Claimant’s case is very far from compelling. There seems to be considerable force in the points as to the merits made in the Defendant’s response to the interim relief application.
Legal advice we have received indicates this to be a clear warning to FOMRB2 and their lawyers that it would be unwise to proceed. We hope that FOMRB2 will not waste any more of either their supporters’ or local taxpayers’ money on pursuing action that the judge has indicated is unlikely to be successful.
Instead, we would urge them to start working on positive ideas for the improvements to Mill Rd that will be enabled by lower levels of motor traffic.
MR4P is currently working with several other local groups and consulting with disability charities on designs for improvements to the public realm, in particular designs that prioritise the pedestrian experience. This is something that will surely be welcomed by residents, traders and shoppers alike.
We are also continuing to meet with local councillors to discuss our ideas and help them shape a better Mill Rd for everyone.
We would like to thank the County Council for the determination they have shown in installing traffic islands either side of the bridge. These are already working well to slow traffic entering and leaving the bridge. These islands do not form part of the TRO that FOMRB2 are seeking to prevent, so there is no question of them having to be removed. We also call upon drivers to respect the new double white lines across the bridge. Currently, many drivers are still overtaking bikes, including at the brow of the bridge. This is both dangerous and illegal.
Legal Order
